Frank v. State

Decided August 6, 1997

District Court of Appeal of Florida · decided 1997-08-06

Key passage — most relied on by later courts

“the State's supplementation of the order [denying relief under rule 3.800] is insufficient to support the trial court's summary denial.”

quoted by 1 later decision, including 865 So. 2d 669 - Ward v. State

Relies on Hastings v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-08-06

How this case has been cited

Cited by 10 later decisions — most recently September 2018

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1The trial court failed to attach to its order those parts of the record that conclusively refute appellant’s claims for post-conviction relief. In Hastings v. State, 670 So.2d 1176 (Fla. 4th DCA 1996), this court stated that “[t]he state’s supplementation of the order with portions of the record is insufficient to support the trial court’s summary denial.”

¶2Accordingly, we reverse the trial court’s summary denial of appellant’s motion for post-conviction relief and remand this cause for either attachment of portions of the record refuting his claims for relief or for an evidentiary hearing.

¶3REVERSED and REMANDED.

DELL, FARMER and PARIENTE, JJ., concur.